NYC tenants should read this important information

Tenants in NYC should be aware that the old rule that you can only challenge the rent of a rent stabilized apartment going back four years has changed because of a very recent decision by the Court of Appeals.

Here is the link to that decision: http://www.nycourts.gov/reporter/3dseries/2010/2010_07379.htm

It affirmed this decision from last year: http://www.nycourts.gov/reporter/3dseries/2009/2009_06653.htm

According to this article -- "Complaining about a rent overcharge in New York City" -- filing a rent overcharge complaint with DHCR is not recommended because DHCR is considered pro-landlord: http://www.tenant.net/alerts/articles/complaining.html

Finally, there is no statute of limitations for challenging the rent regulated status of an apartment. See e.g., East West Renovating Co v DHCR, 16 AD3d 166, 167 [App Div, 1st Dep't, 2005] ("DHCR's consideration of events beyond the four-year period is permissible if done not for the purpose of calculating an overcharge but rather to determine whether an apartment is regulated.") http://www.nycourts.gov/reporter/3dseries/2005/2005_01661




Location: New York -
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